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BNSS Section 444
This section deals with the power of a Magistrate to refuse or reject a surety offered in a bond under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Criminal Procedure Code (CrPC).
Explanation
- Refusal to accept a surety: A Magistrate has the authority to reject a surety offered for a bond if they believe the surety is unsuitable. This means the surety is deemed incapable or unwilling to fulfill their obligations if the person bound by the bond violates its terms.
- Rejection of a previously accepted surety: The Magistrate can also reject a surety who was previously accepted, even if the bond was already executed. This is applicable if new information comes to light, suggesting the surety is no longer fit for the purpose.
- Inquiry into the fitness of the surety: Before refusing or rejecting a surety, the Magistrate is required to conduct an inquiry into the surety’s fitness. This can be done either personally by the Magistrate or by a subordinate Magistrate. The inquiry must be on oath and must record the evidence presented.
- Notice to the surety and the person offering the surety: The Magistrate must provide reasonable notice to both the surety and the person offering the surety before conducting the inquiry. This ensures fairness and allows them to participate in the process.
- Recording of reasons: If the Magistrate decides to refuse or reject the surety, they must record their reasons in writing. This ensures transparency and allows for any potential appeal against the decision.
Illustration
Imagine a person is released on bail after being accused of a crime, and a relative offers themselves as a surety. However, the Magistrate suspects that the relative may have a history of criminal activity, and therefore may not be able to enforce the bail conditions. The Magistrate, under Section 444, can conduct an inquiry to investigate the relative’s suitability as a surety. If the Magistrate finds that the relative is indeed unsuitable, they can refuse to accept the surety and require the person to provide a different surety.
Common Questions and Answers
- Q: What are the grounds for refusing a surety?
A: The Magistrate must be convinced that the surety is unfit due to reasons like lack of financial capability, criminal history, or a potential conflict of interest. - Q: How can a surety object to the Magistrate’s decision?
A: The surety can appeal the decision to a higher court. - Q: Can the person bound by the bond be present during the inquiry?
A: While the surety and the person offering the surety are required to be notified and can be present, there is no express provision in the code regarding the person bound by the bond being present.
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